Legal Opinion

Lemmon v. Herbert

Supreme Court of Virginia

Decided March 12, 1896PublishedCited by 24 opinions

Appeal from a decree of the Circuit Court of Fairfax county, pronounced July 8, 1892, in a suit in chancery wherein the appellees were the complainants, and the appellants and Richard H. Dulaney were the defendants.

1Opinion of the CourtRiely, J.

"

Henry Rozier Dulaney was the owner of the estate in Fair-fax county called “ Shuter’s Hill.” By his will, which was admitted to probate in the County Court of the said county in 1839, he devised the said estate to his daughter Rebecca, upon condition that she cause to be erected thereon a monument to her mother and sister at a cost of $6,000, and that her husband, upon her marriage, should take the name of Henry Rozier Dulaney. He further provided in his will that if she declined to take the estate upon these conditions, then it was to go to her brother, Grafton Shelton Dulaney, together…

2Cases cited5 opinions

  1. Mellen v. Moline Malleable Iron WorksSupreme Court of the United States · 1889
  2. Goodman v. WinterSupreme Court of Alabama · 1879
  3. Cox v. Thomas' Adm'xSupreme Court of Virginia · 1852
  4. Gibson v. BeckhamSupreme Court of Virginia · 1862
  5. Morriss v. Virginia InsuranceSupreme Court of Virginia · 1888

3Cited by24 opinions

  1. Franklin v. Margay Oil Corp.Supreme Court of Oklahoma · 1944
  2. Plant v. HumphriesWest Virginia Supreme Court · 1909
  3. Tonnele v. . WetmoreNew York Court of Appeals · 1909
  4. Morgan v. HaleySupreme Court of Virginia · 1907
  5. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851

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